PRINTER'S NO. 1981
No. 1580 Session of 2005
INTRODUCED BY PHILLIPS, B. SMITH, STABACK, BAKER, BELARDI, BIRMELIN, BOYD, CALTAGIRONE, CAPPELLI, CAUSER, CREIGHTON, DALEY, FLEAGLE, GEIST, GEORGE, GERGELY, GILLESPIE, GODSHALL, HANNA, HARRIS, HERSHEY, HESS, HUTCHINSON, M. KELLER, MAJOR, McILHATTAN, R. MILLER, PICKETT, REICHLEY, SATHER, SCAVELLO, STERN, E. Z. TAYLOR, YOUNGBLOOD, SOLOBAY AND McNAUGHTON, MAY 12, 2005
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS, MAY 12, 2005
AN ACT 1 Amending Title 3 (Agriculture) of the Pennsylvania Consolidated 2 Statutes, further providing for the regulation of Cervidae 3 livestock operations. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. The definition of "Cervidae livestock operation" 7 in section 2303 of Title 3 of the Pennsylvania Consolidated 8 Statutes is amended to read: 9 § 2303. Definitions. 10 The following words and phrases when used in this chapter 11 shall have the meanings given to them in this section unless the 12 context clearly indicates otherwise: 13 * * * 14 ["Cervidae livestock operation." A farm operation which: 15 (1) contains behind fences privately owned members of
1 the genus and species cervus elaphus involved in the 2 production, growing, breeding, using, harvesting, 3 transporting, exporting, importing or marketing of Cervidae 4 species or Cervidae products; and 5 (2) does not allow captive bred or captive held Cervidae 6 species to be harvested through hunting anywhere on the farm 7 operation.] 8 * * * 9 Section 2. Section 2380.1 of Title 3 is amended by adding 10 definitions to read: 11 § 2380.1. Definitions. 12 The following words and phrases when used in this subchapter 13 shall have the meanings given to them in this section unless the 14 context clearly indicates otherwise: 15 * * * 16 "Cervid." Any member of the Cervidae family and any hybrid. 17 "Cervidae livestock family." Members of the Cervidae family 18 including deer, elk, moose, reindeer, caribou and hybrids of 19 these animals owned and maintained by a licensee under this 20 subchapter. The term also includes the germ plasm, embryos and 21 fertile ova of these animals. 22 "Cervidae livestock operation." A farm operation which 23 contains behind fences privately owned members of the Cervidae 24 livestock family involved in the production, growing, breeding, 25 using, harvesting, transporting, exporting, importing or 26 marketing of Cervidae species or Cervidae products. The term 27 does not include an animal slaughter facility regulated under 28 Subchapter F (relating to slaughter and processing of domestic 29 animals) or a menagerie permitted under 34 Pa.C.S. § 2964 30 (relating to menagerie permits). 20050H1580B1981 - 2 -
1 "Harvesting." Any lethal or nonlethal means of collecting 2 cervids or products from cervids on Cervidae livestock 3 operations. 4 * * * 5 Section 3. Title 3 is amended by adding a section to read: 6 § 2380.1a. Cervidae livestock operations. 7 (a) General rule.--A Cervidae livestock operation is an 8 agricultural enterprise of this Commonwealth. Cervidae livestock 9 facilities and their equipment are considered to be agricultural 10 facilities and equipment. Uses related to the farming and 11 harvesting of cervids are to be considered agricultural uses 12 regulated by the department. 13 (b) Duty of secretary.--The secretary shall assure that 14 Cervidae livestock operations are afforded all rights, 15 privileges, opportunities and responsibilities of other 16 agricultural enterprises. 17 Section 4. Sections 2380.2, 2380.4, 2380.5, 2380.6(a) and 18 (d) and 2380.9 of Title 3 are amended to read: 19 § 2380.2. License required. 20 (a) Requirement.--A person may not operate a Cervidae 21 livestock operation within this Commonwealth unless the person 22 has a license. A separate license is required for each Cervidae 23 livestock operation. 24 (b) Classes of licenses.--The department shall establish 25 three classes of licenses for applicants: 26 (1) Class I (Hobby). A Cervidae livestock operation in 27 which members of the Cervidae livestock family may be brought 28 onto the premises through interstate or intrastate commerce. 29 The animals, either alive or dead, may not be removed from 30 the premises except for noncommercial, personal use. 20050H1580B1981 - 3 -
1 (2) Class II (Breeding). A Cervidae livestock operation 2 in which members of the Cervidae livestock family may be 3 brought onto the premises through interstate or intrastate 4 commerce. Live animals or animal products may be sold or 5 transported, either permanently or temporarily, from the 6 premises through interstate or intrastate commerce, including 7 the movement of the animals temporarily for the purpose of 8 exhibition. 9 (3) Class III (Ranch). A Cervidae livestock operation 10 in which members of the Cervidae livestock family may be 11 harvested through the act of taking or killing of the 12 animals, including chasing, tracking, calling, pursuing, 13 lying in wait, trapping, shooting at or using any personal 14 property in furtherance of any of these purposes. Cervids may 15 be brought onto the premises through interstate or intrastate 16 commerce. Cervids and animal products may be removed from the 17 premises after being harvested through the act of taking or 18 killing of the animals. Live cervids may be removed from the 19 premises and relocated to another premise after the animal 20 has met the conditions of interstate or intrastate transport 21 in a manner consistent with regulations promulgated by the 22 department. 23 (c) Removal of animals.-- 24 (1) In addition to the provisions of subsection (b), 25 cervids may be removed from the licensed premises for any of 26 the following purposes: 27 (i) Prevention of the spread of disease. 28 (ii) Furtherance of the health and welfare of the 29 cervids. 30 (iii) Discontinuance of the operation. 20050H1580B1981 - 4 -
1 (2) Removal of any cervid under this subsection shall be 2 done with the approval of the department or in a manner 3 consistent with regulations promulgated by the department. 4 § 2380.4. Issuance. 5 [The](a) Inspection.--The department shall inspect the 6 premises of and investigate each applicant. An inspection under 7 this subsection may be made by the department or an agent of the 8 department, including a veterinarian accredited by the 9 department. 10 (b) Issuance.--Subject to subsection (c)(3), the department 11 shall issue a license if it determines, after inspection of the 12 premises and investigation of the applicant, all of the 13 following: 14 (1) The premises, including fences, buildings, equipment 15 and sanitary conditions, comply with this subchapter and 16 regulations of the department under this subchapter. 17 (2) The applicant [can] is able to conduct a Cervidae 18 livestock operation in compliance with this subchapter and 19 regulations of the department under this subchapter. 20 (c) Provisional license.-- 21 (1) A Cervidae livestock operation which is in operation 22 on the effective date of this subsection but which was not, 23 prior to the effective date of this subsection, subject to 24 licensure shall be granted a provisional license in the 25 appropriate classification. 26 (2) Within one year of the effective date of this 27 subsection, the department shall, for each provisional 28 licensee: 29 (i) perform the investigation and inspection under 30 this section; and 20050H1580B1981 - 5 -
1 (ii) either issue a license or deny the application. 2 (3) If the department does not comply with the time 3 requirement under paragraph (2) for a provisional license, a 4 license shall be deemed to be issued. 5 § 2380.5. Renewal. 6 (a) Term.--A license is valid for a period of [one year] two 7 years from the date of: 8 (1) issuance under section 2380.4(b) (relating to 9 issuance); or 10 (2) deemed issuance under section 2380.4(c)(3). 11 (b) Determination.--A license [may] shall be renewed upon 12 application if the department determines all of the following: 13 (1) The licensee has not been cited for a violation of 14 this subchapter or a regulation of the department under this 15 subchapter. 16 (2) There is no reason to believe that the licensee 17 [cannot] is unable to conduct a Cervidae livestock operation 18 in compliance with this subchapter and regulations of the 19 department under this subchapter. 20 § 2380.6. Keeping and handling of cervids. 21 (a) Pens[, shelters] and enclosures.--The department shall 22 adopt regulations concerning the type [and size] of pens[, 23 shelters] and enclosures used for Cervidae livestock operations. 24 Regulations shall ensure [that pens, shelters or enclosures] all 25 of the following: 26 (1) The fenced enclosure used to hold cervids [are no 27 less than] is at a height not exceeding ten feet from the 28 ground to the top, surrounding the outside perimeter of the 29 operation, and is designed to protect the public and confine 30 the privately owned cervids. 20050H1580B1981 - 6 -
1 (2) The facility is adequate to provide for the health 2 and comfort of the cervids [and be designed to protect the 3 public, confine the cervids and exclude the entity of wild 4 cervids]. 5 * * * 6 (d) Dead Cervidae.--Prior to delivery and removal from the 7 Cervidae livestock operation premises, the Cervidae livestock 8 operation shall place the dead cervid or part of a cervid in a 9 package or container or shall attach a label to it. The package, 10 container or label shall have printed upon it the name, address 11 and telephone number of the Cervidae livestock operation who 12 produced the cervid. The Cervidae livestock operation shall also 13 issue a receipt, detailed invoice or consignment document 14 including the date of shipment or sale, the name of the shipper, 15 purchaser or consignee, the quantity and sex and species of the 16 cervid so shipped or sold and the name and address and [permit] 17 license number of the Cervidae livestock operation shipping, 18 consigning or selling cervids. A dead cervid produced under the 19 authority of the Cervidae livestock operation may not be removed 20 from its package or container or have removed from it the label 21 provided for in this subsection until final consumption or 22 disposal. 23 * * * 24 § 2380.9. Game and Wildlife Code and regulations. 25 [This subchapter supersedes any contrary provision in 34 26 Pa.C.S. (relating to game).] (a) Code.--The provisions of 34 27 Pa.C.S. (relating to game) are repealed insofar as they are 28 inconsistent with this subchapter. 29 (b) Regulations.-- 30 (1) The provisions of 58 Pa. Code Pt. III (relating to 20050H1580B1981 - 7 -
1 Game Commission) are abrogated insofar as they are 2 inconsistent with this subchapter. 3 (2) Notwithstanding any other provision of law, the 4 Pennsylvania Game Commission has no authority to promulgate 5 regulations on Cervidae livestock operations. 6 Section 5. This act shall take effect as follows: 7 (1) The amendment of 3 Pa.C.S. § 2380.2 shall take 8 effect in 120 days. 9 (2) The remainder of this act shall take effect 10 immediately. D6L03VDL/20050H1580B1981 - 8 -